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Format:
Hardback
Publication date:
31 October 2012
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ISBN:
9067048577
ISBN 13:
9789067048576
Separating Powers: International Law Before National Courts
by
David Haljan
The more international law, taken as a global answer to global problems, intrudes into domestic legal systems, the more it takes on the role and function of domestic law. This raises a separation of powers question regarding law-making powers. This book considers that specific issue.
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Complete description
The more international law, taken as a global answer to global problems, intrudes into domestic legal systems, the more it takes on the role and function of domestic law. This raises a separation of powers question regarding law-making powers. This book considers that specific issue. In contrast to other studies on domestic courts applying international law, its constitutional orientation focuses on the presumptions concerning the distribution of state power. It collects and examines relevant decisions regarding treaties and customary international law from four leading legal systems, the US, the UK, France, and the Netherlands. Those decisions reveal that institutional and conceptual allegiances to constitutional structures render it difficult for courts to see their mandates and powers in terms other than exclusively national. Constitutionalism generates an inevitable dualism between international law and national law, one which cannot necessarily be overcome by express constitutional provisions accommodating international law. Valuable for academics and practitioners in the fields of international and constitutional law.
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General info
Publisher & Imprint:
T.M.C. Asser Press
Edition details
2012
City:
The Hague
Pages:
342
More info:
height 234 mm
width 156 mm
weight 656 gr
thickness 20 mm
Summary
Separating Powers: International Law Before National Courts
Making Introductions.- International Law and the Separation of Powers.- Treaties and Law-Making Power.- Customary International Law and Judicial Power.- Separating Powers?.
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